Family Reunification in UK Law

Leading Cases
  • AT and another (Article 8 ECHR – Child Refugee – Family Reunification)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 09 February 2016

    The evidence establishes clearly that the sponsor is under achieving as a person. This means that his contribution, actual and potential, to United Kingdom society is diminished. This arises in circumstances where he has demonstrated his willingness to adapt to United Kingdom culture and to study earnestly in this alien country. The prediction that society will secure some benefit if the sponsor achieves family reunification in this country is readily made.

  • Bigia v Entry Clearance Officer
    • Court of Appeal (Civil Division)
    • 19 February 2009

    Similarly, whilst an OFM in a non-Member State may be financially dependent upon a Union citizen because he is provided with accommodation or living expenses by the Union citizen, there is no reason why the Union citizen's movement to the host Member State would be discouraged.

  • R AM (a child by his litigation friend OA) (1) and OA (2) v Secretary of State for the Home Department
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 11 May 2017

    (129) To summarise, AM can lay claim to a series of procedural, or due process, protections and safeguards enshrined in three separate legal regimes: EU law, the Human Rights Act 1998 and the common law. Based on the analysis, findings and conclusions set forth above he has been denied the safeguards identified.

    Thus while on the one hand it would not achieve immediately his goal of family reunification, on the other this would protect his best interests while final checks and enquiries are completed. Furthermore, this step will enhance the prospects of a fresh decision making process which will respect his right to procedural fairness and other due process safeguards and guarantees and, simultaneously, facilitate the Secretary of State's corresponding legal obligation.

  • R (ZT (Syria) and Others) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 02 August 2016

    But subject to the effective scope of judicial review being narrower for this reason, the exercise by the Secretary of State of her discretion is subject to the ordinary public law principles of propriety of purpose, relevancy of considerations, and the longstop Wednesbury unreasonableness category and, because of the engagement of ECHR Article 8, the intensity of review which is appropriate in the assessment of the proportionality of any interference with Article 8 rights.

  • DS (Afghanistan) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 22 March 2011

    In fact, no attempt to trace was made by UKBA in the present case. All that was done was to draw to the attention of the appellant or his foster-carer the facilities of the Red Cross, with a view to his attempting to trace his relatives through that agency. It seems to me that that failure is not, by itself, relevant to the determination of the appellant's asylum application.

  • KG (Sri Lanka) v Secretary of State for the Home Department; AK (Sri Lanka) v Same
    • Court of Appeal (Civil Division)
    • 21 May 2008

    The tight relationship between the exercise of rights by the Union citizen and the requirement that the OFMs accompanying or joining him should have been his dependants or members of his household in the country from which they have come very strongly suggests that that relationship should have existed in the country from which the Union citizen has come, and thus have existed immediately before the Union citizen was accompanied or joined by the OFM.

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Legislation
  • Rights of Children and Young Persons (Wales) Measure 2011
    • Wales
    • January 01, 2011
    ...... opinions, or beliefs of the child's parents, legal guardians, or family members. SCH-1. . . . 1 In all actions concerning children, whether ... to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and ......
  • University College London Act 1979
    • UK Non-devolved
    • January 01, 1979
    ...... University, the College and the School resolved to achieve reunification: (13) The object of this Act cannot be attained without the authority of ...Fund subscribed by family of Miss Charlotte Ashby. Minute of College Committee No. 9 dated 5th ......
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Books & Journal Articles
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Law Firm Commentaries
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